(영문) 전주지방법원 2017.11.03 2017노1140 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2017.11.03 2017노1140

상습사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The main point of the grounds for appeal (a year and six months of imprisonment) of the lower court is deemed to be too unhued and unfair.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor applied for amendments to the indictment with the entries in the “a summary of the facts charged and evidence” column for the reasons stated in the judgment below, and the judgment of the court below is no longer maintained since the subject of the judgment was changed by permitting it.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

【Grounds for the judgment in its entirety] The criminal facts and summary of evidence against the defendant recognized by this court are as follows: ① The criminal facts and summary of evidence committed against the defendant as stated in the judgment of the court below (i) 3 pages 1 through 3 from the actual disturbance of crime (other than that, the defendant was habitually provided property equivalent to KRW 9,920,000,000 for 11 times as shown in the separate crime list from around that time to December 23, 2016.

The Defendant, “B,” from around that time to January 31, 2017, received property or acquired property benefits in an amount equivalent to KRW 11,630,000 in total habitually over 13 occasions, as shown in the list of crimes in the attached Table.

“Along with the addition of “B”, the number 11 from among the crime sight table is as shown in the separate sheet, and ③ The police statement protocol on “AE and AF is the same as the corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes.

참조조문

-형법 제35조

-형법 제347조 제1항

-형법 제351조

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